Qualified Employees can Be Full Time

Most employees who certify are entitled to take nowadays off work and be paid public holiday pay.

Alternatively, the employee can agree digitally or in writing to work on the holiday and be paid:

– public vacation pay plus premium pay for all hours worked on the public vacation and not get another day off (called a “alternative” vacation);.
or.

– be paid their routine incomes for all hours worked on the public holiday and get another alternative holiday for which they should be paid public holiday pay.

Some workers might be required to work on a public holiday. (See “Special rules for certain markets” later in this Chapter.) While most employees are eligible for the public holiday privilege, some staff members operate in jobs that are not covered by the public holiday arrangements of the Employment Standards Act (ESA). To figure out whether a job is covered, or if unique guidelines apply, please refer to the Guide to employment requirements special rules and exemptions.

Use the Employment Standards Self-Service Tool to check compliance with public vacations and other work standards entitlements.

See “Public holiday pay” later in this chapter.

Regular earnings does not consist of any overtime pay, getaway pay, public holiday pay, premium pay, domestic or sexual violence leave pay, termination pay, discontinuance wage or termination of assignment pay payable to an employee.

While some companies offer their workers a vacation on Easter Sunday, Easter Monday, the very first Monday in August, or Remembrance Day, the company is not needed to do so under the ESA.

Performing both covered and exempt work

Some employees carry out more than one sort of work for a company. A few of this work might be covered by the public vacation part of the ESA, while another kind of work might be exempt from public vacation protection.

If a worker performs both kinds of work, exempt and covered, they are qualified for the public vacation privilege with regard to a specific public holiday if a minimum of half of the work performed in the work week of the public holiday is work that is covered.

Rupert works for a taxi business as both a taxi cab motorist (work that is exempt from public vacation protection) and a dispatcher (work that is covered by the public holiday part of the ESA). In the work week that Canada Day fell, a minimum of half of Rupert’s work was as a dispatcher. Because this work is covered by the public vacation part of the ESA, he is eligible for the public vacation entitlement for Canada Day.

Receiving public holiday privileges

Generally, staff members get approved for the general public holiday entitlement unless they:

– stop working without sensible cause to work all of their last routinely scheduled day of work before the general public vacation or all of their very first frequently scheduled day of work after the general public vacation (this is called the “Last and First Rule”);.
or.

– stop working without affordable cause to work their entire shift on the general public vacation if they consented to or were needed to work that day.

Note: Most staff members who fail to get approved for the public holiday privilege are still entitled to be paid exceptional spend for every hour they deal with the holiday.

Qualified workers can be complete time, part-time, long-term or employment on term contract. It does not matter how recently they were employed, or how numerous days they worked before the public holiday.

The “last and first guideline”

The “last regularly scheduled day of work before the public vacation” and the “very first routinely scheduled day of work after the general public holiday” do not have to be the days right before and right after the holiday.

For example, an employee may not be arranged to work the day right before or after the holiday. As long as the staff member works all of their last regularly set up shift before the holiday and all of the first one after it, or has sensible cause for not working either of those days, they fulfill this qualifying criterion.

Reasonable cause

An employee is typically considered to have “affordable cause” for missing out on work when something beyond their control prevents the worker from working. Employees are accountable for showing that they had affordable cause for staying away from work. If they can do so, they still receive public vacation privileges.

How the last and first guideline works

Rosie’s regular work week runs from Monday to Thursday. A public vacation falls on a Monday, and Rosie’s workplace closes down for that day. If Rosie works the whole shift on the Thursday before the vacation and the Tuesday after the vacation, or has reasonable cause for stopping working to work either of those days, she qualifies to be paid for the holiday.

Example: When a worker takes a day of rest

A public vacation falls on a Monday, and Lev’s office shuts down for that day. Lev regularly works Monday to Thursday. Lev has actually asked his company for consent to remove the Thursday before the public vacation because he has a personal visit. His employer agrees. Lev’s last frequently set up work day before the holiday is now considered to be on the Wednesday.

If Lev works his entire Wednesday shift before the holiday and his entire Tuesday shift after the vacation, or has reasonable cause for not working either of those days, he gets approved for the paid public vacation.

Example: When a staff member leaves early

A public holiday falls on a Friday, and Doris’s workplace is closed for the holiday. Doris generally works from 9 a.m. to 5 p.m., Monday to Friday. However, she wants to leave at 3 p.m. on the Thursday before the general public holiday. The company concurs. Doris’s routinely set up shift on the Thursday before the general public holiday is now considered to be from 9 a.m. to 3 p.m.

. If Doris works from 9 a.m. to 3 p.m. on the Thursday and 9 a.m. to 5 p.m. on the following Monday, or has affordable cause for failing to do so, she is entitled to the paid public vacation.

Example: When a staff member is on getaway

Canada Day falls on July 1. George is on getaway from June 25 to July 9. If George works all of his last frequently arranged shift before his trip and first frequently arranged shift after his trip – on June 24 and July 10 – or has sensible cause for stopping working to do so, he will receive the paid public holiday.

Example: When a staff member is on a leave or layoff

Lydia is on pregnancy leave when the Canada Day holiday happens. If Lydia works her last routinely arranged day of work before her leave, and her very first regularly arranged day of work after her leave, employment or has affordable cause for failing to do so, she will be entitled to the paid public holiday.

Example: When there is no reasonable cause

A falls on a Monday, and Ellen’s work environment is closed for the vacation. Ellen does not work on her last scheduled day before the holiday, and she does not have sensible cause for missing out on that day. She gets no spend for the vacation.

Public vacation pay

The amount of public holiday pay to which an employee is entitled is all of the regular earnings made by the worker in the 4 work weeks before the work week with the general public holiday plus all of the holiday pay payable to the employee with respect to the 4 work weeks before the work week with the public vacation, divided by 20.

When to consist of holiday pay in the calculation of public vacation pay

The amount of vacation pay payable to include in the computation of public vacation pay depends upon whether the employee is on holiday at any time throughout the four work weeks prior to the public vacation, and the way in which the employee is to be paid vacation pay. Please describe the Vacation chapter for information on the different methods getaway pay can be paid.

Vacation pay payable

If the employee is to be paid their holiday pay before they take a getaway or on or before the pay day for the period in which the getaway falls, trip pay will be consisted of in the estimation of public holiday pay if the worker was on trip during that 4 work week duration. If the employee was not on trip throughout that duration, no holiday pay will be consisted of in the computation.

If the staff member is to be paid trip pay with every pay cheque the amount of getaway pay to consist of in the calculation of public holiday pay will be at least four percent of all of the staff member’s salaries earned during the 4 work week duration. (Note that if a worker earns a greater percentage of trip pay, such as six percent of wages, then the “trip pay payable” will be based upon that greater percentage.)

If a staff member is to receive their getaway pay in a swelling sum on a particular date or dates, holiday pay will be consisted of in the estimation of public vacation pay just if that date or dates falls during the pertinent 4 work week duration.

Calculating the 4 work week duration before the work week with a public holiday

The four weeks before the public holiday is based on the company’s work week and is not necessarily a calendar week.

Example:

Christmas Day falls on a Tuesday. Suppose that an employer’s work week ranges from Thursday to Wednesday. In this case, the four work weeks used to calculate public holiday pay are those 4 weeks counting in reverse from the very first Wednesday (the last day of the employer’s work week) before the work week in which the public holiday falls.

– Week 1: Thursday, November 22 – Wednesday, November 28

– Week 2: Thursday, November 29 – Wednesday, December 5

– Week 3: Thursday, December 6 – Wednesday, December 12

– Week 4: Thursday, December 13 – Wednesday, December 19

Public vacation: Tuesday, December 25

In this example, the routine earnings earned by the staff member and the trip pay payable to the worker with regard to the four work weeks from November 22 to December 19 are used in the estimation of public holiday pay.

Calculating public holiday pay

Iryna works five days a week and earns $120 a day. She worked her last frequently scheduled work day before the public holiday and her first regularly scheduled day after the holiday. She gets her trip pay when her getaway is taken. She was not on holiday throughout the 4 work weeks leading up to the general public vacation.

1. Calculate Iryna’s total routine salaries earned:
$ 120 daily X 5 days = $600 weekly
$ 600 each week X 4 work weeks = $2,400.
Iryna earned $2,400 of regular salaries in the four work weeks before the public holiday.

2. Calculate the amount of getaway pay payable with regard to the 4 work week duration:.
Iryna gets her trip pay when she takes her vacation. Because she was not on holiday throughout the 4 work week period, the quantity of getaway pay payable with regard to the four work weeks before the public vacation = $0.

3. Add together her total earnings earned and holiday pay payable and divide the sum by 20:.
$ 2,400 + $0 = $2,400.
$ 2,400 ÷ 20 = $120.

Result: Iryna is entitled to $120 public vacation pay.

Example: When trip time is involved

Brock works five days a week and makes $160 a day. He was on holiday for two of the four weeks before the general public vacation. He gets vacation pay before he takes his holiday. He is paid $1,600 vacation spend for his 2 weeks of trip. Brock worked his last regularly scheduled work day before the general public holiday and his very first regularly arranged work day after the vacation.

1. Calculate Brock’s total regular salaries earned:.
Brock worked 10 days.
$ 160 daily X 10 days = $1,600.

2. Calculate the quantity of holiday pay:.
Brock was on getaway for two of the four work weeks prior to the work week with the general public holiday, and is paid vacation pay before he takes his vacation. The amount of getaway pay payable with regard to the four work weeks prior to the work week with the public vacation = $1,600.

3. Add together his total salaries earned and holiday payable and divide the sum by 20:.
$ 1,600 + $1,600 = $3,200.
$ 3,200 ÷ 20 = $160.

Result: Brock is entitled to $160 public holiday pay.

Example: When a staff member works part-time and each pay cheque consists of vacation pay

Tegan works 3 days a week and earns $120 a day. She worked her last frequently set up work day before the general public holiday and her first regularly set up day after the holiday. She and her employer have agreed in composing that she will receive 4 percent vacation pay on each paycheque.

1. Calculate Tegan’s routine incomes earned:.
$ 120 per day X 3 days = $360 each week.
$ 360 weekly X 4 weeks = $1,440.

2. Calculate her getaway pay payable:.
$ 4.80 daily (4% of $120) X 3 days = $14.40 each week.
$ 14.40 each week X 4 weeks = $57.60.

3. Combine her routine salaries earned and trip pay payable and divide the sum by 20:.
$ 1,440 + $57.60 = $1,497.60.
$ 1,497.60 ÷ 20 = $74.88.

Result: Tegan is entitled to $74.88 public vacation pay.

Example: When there are no set hours and each pay cheque includes vacation pay

Bertie does not work a set number of hours each day or days each week. Her pay varies from week to week, according to the time she has worked. She and her employer have actually concurred in writing that she will get four per cent trip pay on each pay cheque.

1. Bertie’s regular salaries earned throughout the 4 work weeks before the vacation are $1,500.

2. Calculate her holiday pay payable:.
$ 1,500 X 4% = $60.

3. Combine her regular earnings earned and getaway pay payable and divide the amount by 20:.
$ 1,500 + $60 = $1,560.
$ 1,560 ÷ 20 = $78.

Result: Bertie is entitled to $78 public vacation pay.

Example: When an employee is on a leave

Zoe generally works five days a week, making $120 a day. She gets holiday pay before she goes on holiday. On June 10, she went on a 17-week pregnancy leave, followed by a 35-week parental leave.

During her leaves, she was not paid wages or vacation pay. She got maternity and adult advantages from the federal Employment Insurance program, but these benefits are ruled out “wages.”

Zoe is entitled to get public holiday spend for the public vacations that fall during her leave as long as she works her last routinely scheduled day before her leave and her first routinely arranged day after her leave, or has affordable cause for stopping working to do so.

Zoe went on leave on June 10 and only worked 7 days throughout the 4 work weeks before the Canada Day public vacation. Her public vacation spend for Canada Day is:

– Regular wages earned: $120 a day X 7 days = $840.

– Vacation pay payable: $0 (she was not on getaway throughout the 4 work week period).

– Public vacation pay: ($ 840 + $0) ÷ 20 = $42 public vacation pay.

Her public vacation spend for the rest of the public holidays that fall throughout her leave will be $0. This is since she will not have made any earnings or holiday pay on any of the days during the four work weeks before each of those holidays.

Example: When a staff member is on a layoff

Eugene usually works 5 days a week, making $100 a day. He was placed on short-lived layoff on November 15. During his layoff, Eugene was not paid incomes or vacation pay. He got work insurance benefits during this time, but these advantages are ruled out “salaries.”

Eugene was remembered to work on December 27. He is entitled to be paid public holiday spend for employment Christmas Day and Boxing Day as long as he works his last routinely set up day before the layoff and his very first regularly set up day after the layoff, or has reasonable cause for failing to do so.

However, due to the fact that Eugene did not earn any salaries or trip pay in the 4 work weeks before those two public holidays, the quantity of public vacation pay he is entitled to will be $0.

Premium pay

Premium pay is 1 1/2 times an employee’s regular rate of pay. If an employee is entitled to get superior spend for work on a public holiday, they should be paid 1 1/2 times their routine rate of pay for each hour worked.

For instance, Nathan’s routine rate of pay is $20 an hour. This suggests that his premium pay will be $30.00 an hour ($ 20.00 X 1 1/2).

Substitute holiday

An alternative vacation is another working day off work that is designated to change a public holiday. Employees are entitled to be paid public vacation pay for a substitute vacation.

A substitute holiday need to be arranged for a day that is no later than three months after the general public vacation for which it was earned, or, if the worker has agreed electronically or in composing, the alternative day of rest can be scheduled approximately 12 months after the general public vacation.

If a staff member receives a replacement vacation, the company needs to offer the staff member with a written statement that sets out the general public vacation that is being replaced, the date of the replacement holiday, and the date that the declaration was given to the employee. This declaration must be supplied to the worker before the public vacation.

Entitlements for public holidays

Entitlements for public vacations differ depending on such things as whether the holiday falls on a working day or a non-working day and whether the staff member deals with the vacation. The different privileges are set out listed below.

When a public holiday falls on a working day but the employee does not work

Most staff members can get the general public vacation off and make money public vacation pay. (Some employees may be needed to deal with a public vacation. See “Special rules for certain industries” later in this chapter.)

When a public holiday falls on a staff member’s non-working day or throughout a staff member’s getaway

When a public holiday falls on a day that is not ordinarily a working day for an employee, or during the staff member’s getaway, the employee is entitled to either:

– an alternative holiday off with public vacation pay;.
or.

– public vacation pay for the general public holiday, if the worker consents to this digitally or in writing (in this case, the employee will not be offered a substitute day off).

When a worker who certifies for the day off has actually agreed digitally or in writing to deal with a public vacation

Most employees have the right to get the general public vacation off and earn money public holiday pay. However, if a worker concurs electronically or in writing to deal with the general public vacation, there are two options:

– the employee is entitled to receive routine incomes for all hours worked on the public vacation, plus a substitute day off deal with public holiday pay;.
or.

– if the worker agrees digitally or in composing, they are entitled to public vacation pay for the public vacation plus premium spend for all hours dealt with the public vacation. In this case, the staff member will not be offered a substitute day of rest.

Example: Calculating public vacation pay plus premium pay

A public vacation falls on among John-Duncan’s regular working days. He and his employer have agreed digitally or in writing that he will work on the general public holiday which, instead of getting an alternative holiday, he will be paid public holiday pay plus premium pay for all the hours he works on the vacation.

John-Duncan regularly works eight hours a day, five days a week. His regular hourly pay rate is $20. He has worked on all his scheduled work days in the 4 work weeks before the general public holiday. He works 8 hours on the public holiday. He gets his holiday pay when his trip is taken. He was not on getaway throughout the 4 work weeks leading up to the public holiday

Step 1: calculate public holiday pay:

1. Calculate John-Duncan’s overall routine earnings earned in the 4 work weeks before the public vacation:
8 hours per day X $20 per hour = $160 daily
$ 160 daily X 5 days = $800 weekly
$ 800 X 4 work weeks = $3,200.
John-Duncan earned $3,200 in the 4 work weeks before the general public holiday.

2. Calculate the amount of vacation pay payable with respect to the four work week period:.
John-Duncan gets his vacation pay when he takes his vacation. Because he was not on trip during the four work week duration, the quantity of holiday pay payable with regard to the four work weeks before the public vacation = $0.

3. Total his overall incomes made and vacation pay and divide the sum by 20:.
$ 3,200 + $0 = $3,200.
$ 3,200 ÷ 20 = $160.

John-Duncan’s public vacation pay entitlement is $160.

Step 2: calculate exceptional pay

Finally, the premium pay owing to John-Duncan for his deal with the general public holiday is determined:.
$ 20 per hour X 1 1/2 = $30.00.
$ 30.00 per hour X 8 hours worked = $240

John-Duncan’s premium pay privilege is $240.

Result: John-Duncan is entitled to public vacation pay of $160 and premium pay of $240, for a total of $400.

When a worker accepts work on a public vacation however stops working to do so

If an employee has actually concurred digitally or in writing to work on the public holiday but does refrain from doing so – and does not have sensible cause for not having actually done so – the worker has no right to public holiday pay or to a substitute day of rest with pay.

However, if the staff member has sensible cause for not working the general public holiday, then entitlements will depend upon which of the 2 options below the employee chose in exchange for consenting to work on the public vacation:

– if the worker had agreed electronically or in composing to work on the general public holiday for routine incomes plus a substitute day of rest with public vacation pay, the worker is entitled to an alternative day of rest work with public holiday pay;.
or.

– if the worker had concurred electronically or in writing to deal with the general public holiday for public holiday pay plus premium spend for each hour worked, they are entitled to be paid public vacation pay for the vacation. The employee is not entitled to receive any superior pay due to the fact that they did not perform any work on the holiday.

When an employee works just a few of the hours they consented to deal with a public holiday

If a worker has actually concurred digitally or in writing to work on the general public holiday but works just a few of the hours they concurred to work, and does not have sensible cause for stopping working to work all of the hours, the staff member is only entitled to receive exceptional pay for each hour dealt with the holiday. The worker has no right to public vacation pay or an alternative day of rest work.

Example: A typical case

Trudi had agreed in composing that she would work eight hours on Canada Day but she just worked 4 hours and did not have sensible cause for failing to work the other four hours. Trudi is entitled only to premium pay for the four hours she worked on the holiday. She is not entitled to public vacation pay or to an alternative day of rest work.

However, if the staff member has reasonable cause for working only some of the hours they consented to deal with the public vacation, then:

– the worker is entitled to their regular rate for all the hours worked plus a substitute day of rest work with public holiday pay;.
or.

– if the employee had agreed digitally or in writing to work on the general public holiday for public vacation pay plus premium spend for each hour worked, they are entitled to be paid public vacation pay plus premium pay for employment every hour worked on the vacation.

Special rules for certain markets

Special guidelines apply to workers who work in the following kinds of businesses:

– hotels, motels and tourist resorts;.

– restaurants and pubs;.

– hospitals and assisted living home;.

– continuous operations (which are operations, or parts of operations, that do not stop or close more than as soon as a week – such as an oil refinery, alarm-monitoring business or the video games part of a casino if the video games tables are open around the clock).

An employee who works in any of these businesses can be required to work on a public vacation without their agreement, but only if the holiday falls on a day that the staff member would usually work and the employee is not on holiday.

If an employee is required to work, they are entitled to either:

– their routine rate for the hours dealt with the general public vacation, plus an alternative day of rest work with public vacation pay;.
or.

– public holiday pay plus premium pay for each hour worked.

The company picks which of these options will use.

Note that the employer’s capability to need employees to work on a public vacation undergoes the employee’s right to take a day off for functions of religious observance under the Ontario Human Rights Code, and to the terms of the employee’s employment contract. Note also that specific retail workers who work in continuous operations (for example, a 24-hour benefit store) have the right to decline to work on a public holiday due to the fact that of the unique guidelines that use to some retail employees. See the “Retail workers” chapter of this guide for more information.

An employee in the previously noted organizations who is needed to deal with a public vacation that falls on their ordinary working day however fails to do so, with reasonable cause, is entitled to:

– a substitute vacation with public holiday pay;.
or.

– public holiday pay for the vacation.

The employer picks which option will apply.

A staff member in any of these businesses who is needed to deal with a public vacation that falls on their common working day however who stops working, with reasonable cause, to work some of the hours they were needed to deal with the holiday is entitled to either:

– their routine rate for each hour dealt with the holiday plus a substitute vacation with public vacation pay;.
or.

– public vacation spend for the vacation plus premium pay for each hour worked.

The employer picks which alternative will apply.

A staff member in any of these organizations who is needed to work on a public holiday that falls on their normal working day but who fails, without affordable cause, to work part or all of the general public vacation is just entitled to get premium spend for each hour dealt with the vacation (if any). The staff member has no right to public holiday pay or a substitute day off work.

Overtime computations when a staff member receives exceptional pay

Any hours worked on a public vacation that are compensated with superior pay are not included when identifying whether an employee has actually worked any overtime hours.

If work ends

Sometimes a worker’s job pertains to an end before the staff member can take a substitute holiday with public vacation pay that they have actually earned. In this case, the employer must pay the employee’s public holiday pay at the same time it pays the worker’s final wages. This is so despite the reason the task pertained to an end, whether it is since the employee stopped, was fired for excellent reason, or for some other reason.